Gun Owners of America and Gun Owners Foundation Declare DOJ Brief an Open Attack on the Second Amendment and the Constitution

FOR IMMEDIATE RELEASE
November 21, 2025

Springfield, VA — Late last night, the Department of Justice filed an outrageous brief that embraces an alarmingly expansive theory of federal authority. In responding to GOA and GOF’s “One, Big, Beautiful Lawsuit,” the DOJ treats Congress’ removal of the historic $200 tax as a pretext to rewrite the limits of congressional power, advancing an argument that would open the door to federal regulation far beyond anything the Framers intended.

GOA and GOF condemn Attorney General Pam Bondi and President Trump’s Department of Justice (DOJ) for doubling down on enforcement of an archaic and unconstitutional law while simultaneously offering legal theories that would expand federal power to historic levels. This is especially striking from an administration that had promised to respect the Second Amendment and review burdensome agency rules.

The implications of DOJ’s stance are immediate and ominous. If the brief’s logic is accepted, courts could bless a framework under which Congress and federal agencies regulate—or effectively ban—common firearms and accessories by treating formalistic features (like a $0 tax) as sufficient legal cover. That outcome would run contrary to recent Supreme Court statements that the Second Amendment protects private arms possession.

GOA and our partners are demanding the Department of Justice to publicly explain and retract all portions of the brief that advance a limitless theory of federal power. We are also calling on members of Congress who claim fidelity to constitutional limits to demand the DOJ abandon this dangerous theory. The coalition that GOA and GOF have created will vigorously press our case in court and before the public, as we will not allow this administration to normalize a theory of unlimited and unchecked federal power that threatens the right to keep and bear arms.

GOA, GOF, Palmetto State Armory, the Firearms Regulatory Accountability Coalition, Silencer Shop, and B & T USA brought this challenge to vindicate the Second Amendment and end the continued enforcement of an antiquated regulatory scheme. Our original lawsuit was joined by a coalition of 15 states including Texas, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.

Erich Pratt, Senior Vice President of Gun Owners of America, issued the following statement:

“This brief is federal overreach on steroids. If courts accept the government’s argument, Congress could claim the power to regulate virtually anything, including firearms, on the thinnest of statutory pretexts. That’s not conservative jurisprudence. This is authoritarianism cloaked in legalese. Make no mistake, this reads exactly like something the Biden administration would have produced.”

John Velleco, Executive Vice President of Gun Owners Foundation, issued the following statement:

“We weren’t exactly optimistic about the Department of Justice’s reply in our One, Big, Beautiful Lawsuit, but the brief they filed was far worse than anything we anticipated. We had hoped Attorney General Pam Bondi and the Trump Administration would seize this moment to become the most pro–Second Amendment presidency in history, but so far they’ve fumbled the ball. We will continue to fight to gut the National Firearms Act, and we’re confident our legal arguments will stand.”

GOA spokesmen are available for interviews. Gun Owners of America is a nonprofit grassroots lobbying organization representing over two million members and activists. For more information, visit GOA’s Press Center.

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